BHIM SINGH @ BHIMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been preferred by Bhim Singh @ Bhima. He has been convicted and sentenced by the Court of Special Judge, Panipat under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for 2-1/2 years.

(2.) APPELLANT was nominated as accused in case FIR No. 7 dated 12.01.2004 registered at Police Station Sadar Panipat, under Section 18 of the NDPS Act. A Rukka (Ex.PG) was sent by PW-4 Inspector Dilbagh Singh to Police Station Sadar Panipat for registration of case. In the rukka, it was stated that PW-4 Inspector Dilbagh Singh, along with his companion officials, was present in the area of Pepsi Chowk, G.T. Road, Badoli for patrolling and holding Nakabandi. One person, on seeing the police party, stepped backward and due to suspicion, he was apprehended at the spot. The man disclosed his name to be Bhim Singh and a notice under Section 50 of the NDPS Act was served upon him. He was carrying a bag in his right hand. A consent memo of the accused was recorded, wherein he agreed that he wanted to get himself searched before a Gazetted Officer. A message was sent to DSP on Wireless. Om Parkash Narwal, DSP Panipat came at the spot. Search was conducted and 2 kg opium was recovered from the appellant. Prosecution examined Head Constable Om Parkash as PW-1. He had tendered his affidavit (Ex.PA). He had proceeded from the Police Station to Panipat at 11.40 p.m. for delivery of special report to Illaqua Magistrate, Superintendent of Police and Deputy Superintendent of Police. Head Constable Rajinder Singh also tendered his affidavit (Ex.PC). Case property was deposited with him. He further stated that the sample was sent to the Forensic Science Laboratory on 19th January, 2004. He was examined to prove link evidence. Inspector Satbir Singh appeared as PW-3. He stated that he was posted as SI/ SHO of Police Station Sadar Panipat. Inspector Dilbagh Singh had produced case property and the sample parcel before him. Dilbagh Singh Inspector appeared as PW-4. He deposed regarding search, seizure and recovery. PW-5 Hukam Singh SI was examined to corroborate the testimony of PW-4 Inspector Dilbagh Singh. PW-6 Head Constable Krishan Chand stated that on 19th January, 2004, samples were handed over to him to deposit in the FSL, Madhuban. During the period the when samples remained in his possession, they were not tampered. DSP O.P. Narwal appeared as PW-7. He deposed regarding giving of notice under Section 50 of the NDPS Act to the appellant and consequent recovery. Thereafter, all incriminating evidence was put to the accused and his statement under Section 313 Cr.P.C. was recorded. Thereafter, appellant, in defence, examined Prem Singh DW-1 and Jaipal DW-2. They deposed regarding false implication of the appellant.

(3.) MR . S.S. Mor, Senior Deputy Advocate General, Haryana appearing for the State has submitted that police officials are not inimical to the appellant and requisite weighing scales of accuracy are not available with the investigating agency. Therefore, error in the weight of the sample can occur. He has further submitted that delay in sending the sample can be ground to plead prejudice to the accused, but in itself, cannot be ground of acquittal, until accused is able to show that prejudice has occurred.